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a census, so far as they were concerned; if simply as wealth, then why not other wealth be included?
Mr. Sherman, was in favor of leaving the whole matter to the discretion of the legislature.
Mr. Morris, said that the people of Pennsylvania would revolt at the idea of being placed on a level with slaves in representation. They would reject any plan in which slaves were included in the census.
On the question of taking a census of free inhabitants, it passed in the affirmative.
The next clause, as to three-fifths of the negroes, being considered, Mr. King opposed the clause. He thought the admission of blacks in the representation would excite great discontents among the people.
Mr. Oorham, of Massachusetts, favored the three-fifths rule.
Mr. Wilson, of Pennsylvania, said if negroes were property, why not represent other property ?—if they were citizens, why not let them be represented as such?
Mr. Morris, thought that representation for blacks would encourage the slave trade.
On the question for including "three-fifths" of the blacks, it was lost. All the Northern States, except Connecticut, voted No.
July 12. Mr. Morris, moved "that taxation be in proportion to representation."
Dr. Johnson thought population the best measure of wealth, and therefore, would include the blacks equally with the whites.
Mr. Morris, thought the people of Pennsylvania could never agree to a representation of negroes.
Gen. Pinckney, desired that property in slaves should be protected and not left exposed to danger.
Mr. Ellsworth, moved that the rule of taxation shall be according to the whole number of white inhabitants and three-fifths of every other description, until some other rule, by which the wealth of the States can be ascertained, shall be adopted by the legislature.
Mr. Randolph opposed this amendment. He urged that express security ought to be provided for including slaves in representation. He lamented that such property existed; but as it did exist, the holders of it should require this security in the Constitution and not leave it to the caprice of the legislative body.
Mr. Wilson thought there would be less umbrage taken by the people by adopting the rule of representation according to taxation. The slaves would be taxed and thus indirectly represented.
Mr. Pinckney moved to amend so as to make blacks equal to whites in representation. He said the blacks would be all numbered in the representation of the North, ani they were as productive in material resources to the country in the South as in the North. He thought this no more than justice.
On Mr. Pinckney's motion, only South Carolina and Georgia voted Aye.
On the question apportioning representation to direct taxation, to the whole of the white and three-fifths of the black population, Connecticut, Pennsylvania, Maryland, Virginia, North Carolina, and Georgia voted Aye; New Jersey and Delaware voted No; Massachusetts and South Carolina divided.
July 14. Prom this date till the 17th, the Convention was engaged in an animated discussion on the equality of votes in the Senate from each State. On the 16th a motion was made to adjourn sine die, on the ground that the Convention could never agree to the exactions of the smaller States. An equality vote was, however, agreed to. North Carolina and Massachusetts divided; 5 Ayes, 4 Noes.
July 17. The Convention proceeded to the consideration of a resolution concerning the two branches of the legislature, and from this date till the 26th was engaged in discussing the executive, legislative, and judicial branches of the government. Nothing, however, was elicited that would properly come within the scope of this work, or that would be particularly interesting to the general reader.
On the 26th, the resolutions of Mr. Randolph having been a second time gone through with, they, together with those of Messrs. Patterson and Pinckney, were referred to the Committee of Detail, and the Convention adjourned till August 6th, to give the Committee time to prepare and report a Constitution.
The resolutions as committed, expressing the sense of the Convention upon the principles of a Constitution, were as follows: \
1. Resolved, That the government of the United States ought to consist of a supreme legislative, judiciary, and executive.
2. Besolved, That the legislature consist of two branches.
3. Resolved, That the members of the first branch of the legislature ought to be elected by the people of the several States for the term of two years; to be paid out of the public treasury; to receive an adequate compensation for their services; to be of the age of twenty-five years at least; to be ineligible to, and incapable of holding, any office under the authority of the United States (except those peculiarly belonging to the functions of the first branch) during the term of service of the first branch.
4. Resolved, That the members of the second branch of the legislature of the United States ought to be chosen by the individual legislatures; to be of the age of thirty years at least; to hold their offices for six years, one third to go out biennially; to receive a compensation for the devotion of their time to the public service; to be ineligible to, and incapable of holding, any office under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term for which they are elected, and for one year thereafter.
5. Besolved, That each branch ought to possess the right of originating acts.
6. Resolved, That the national legislature ought to possess the legislative rights vested in Congress by the Confederation; and, moreover, to legislate in all cases for the general interests of the Union, and also in those to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation.
7. Resolved, That the legislative acts of the United States, made by virtue and in pursuance of the articles of union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, as far as those acts or treaties shall relate to the said States, or their citizens and inhabitants; and that the judiciaries of the several States shall be bound thereby in their decisions, any thing in the respective laws of the individual States to the contrary notwithstanding.
8. Resolved, That in the general formation of the legislature of the United States, the first branch thereof shall consist of sixty-five members; of which number, New Hampshire shall send 3; Massachusetts, 8; Rhode Island, 1; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8 ; Delaware, 1; Maryland, 6 ; Virginia, 10; North Carolina, 5; South Carolina, 5; Georgia, 3.
But, as the present situation of the States may probably alter in the number of their inhabitants, the legislature of the United States shall be authorized, from time to time, to apportion the number of representatives; and in case any of the States shall hereafter be divided, or enlarged by addition of territory, or any two or more States united, or any ne# States created within the limits of the United States, the legislature of the United States shall possess authority to regulate the number of representatives, in any of the foregoing cases, upon the principle of their number of inhabitants, according to the provisions hereafter mentioned, namely—Provided always, that representation ought to be proportioned to direct taxation. And, in order to ascertain the alteration in the direct taxation which may be required from time to time, by the changes in the relative circumstances of the States,—
9. Resolved, That a census be taken within six years from the first meeting of the legislature of the United States, and once within the term of every ten years afterwards, of all the inhabitants of the United States, in the manner and according to the ratio recommended by Congress in their resolution of the 18th of April, 1783; and that the legislature of the United States shall proportion the direct taxation accordingly.
10. Resolved, That all bills for raising or appropriating money, and for fixing the salaries of the officers of the government of the United States, shall originate in the first branch of the legislature of the United States, and shall not be altered or amended by the second branch; and that no money shall be drawn from the public treasury, but in pursuance of appropriations to be originated by the first branch.
11. Resolved, That, in the second branch of the legislature of the United States, each State shall have an equal vote.
12. Resolved, That a national executive be instituted, to consist of a single person; to be chosen by the national legislature for the term of seven years; to be ineligible a second time; with power to carry into execution the national laws; to appoint to offices in cases not otherwise provided for; to be removable on impeachment, and con